Can a defendant be convicted of more than one crime?

California, United States of America


The following excerpt is from People v. Butcher, B256344 (Cal. App. 2015):

Even where a defendant may be properly convicted of more than one offense, section 6544 "bars multiple punishment for separate offenses arising out of a single occurrence when all of the offenses were incident to one objective." (People v. Cowan (2010) 50 Cal.4th 401, 498.) "'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' [Citation.]" (People v. Rodriguez (2009) 47 Cal.4th 501, 507, italics omitted.) "A trial court's express or implied determination that two crimes were separate, involving separate objectives, must be upheld on appeal if supported by substantial evidence. [Citation.]" (People v. Brents (2012) 53 Cal.4th 599, 618.)

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